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Tukwila lawyer Dennis Brouner (WSBA No. 8859, admitted May 15, 1979) has been disbarred by order of the Supreme Court effective November 5, 1998. The discipline is based upon his knowingly practicing and fee-splitting with a suspended out-of-state lawyer, misappropriating client funds, making misrepresentations under oath, making misleading statements in advertising, and failing to diligently represent a client.
RLD 1.1(h) — practicing and splitting fees with a suspended lawyer. From 1995 through early 1998, Mr. Brouner allowed Duane Varbel to be an equal partner in firm management and client representation provided by Brouner and Associates PSC and the successor firm of Brouner and Associates of Washington. Mr. Brouner knew that Mr. Varbel was not admitted to practice in Washington and was suspended from practice in Arizona from March 1994 through April 1998. Mr. Brouner and Mr. Varbel received approximately equal compensation from Brouner and Associates PSC and the successor firm. Mr. Brouner’s conduct violated RLD 1.1(h).
RPC 1.14(b), RPC 8.4(c) and RLD 1.1(a) — failing to promptly deliver client’s property when requested and acts of dishonesty regarding client property. In one matter, Mr. Brouner received two checks for his client’s personal injury settlement. One check was payable jointly to the client and an insurance company, and the other was payable jointly to the client and Brouner and Associates. Mr. Brouner deposited both of these checks into his trust account. Mr. Brouner sent the client a check for $15,000 and took $5,851.98 for fees. Although Mr. Brouner agreed to accept the $5,851.98 as full payment, he deposited three additional checks written against client funds totaling $5,000 into the Brouner and Associates general account for fees in this matter. Mr. Brouner was not entitled to these additional fees. Mr. Brouner paid the insurance company four months after depositing their check.
In another matter, Mr. Brouner deposited $6,000 of client funds into his trust account. Five days later, without the client’s consent, Mr. Brouner transferred the client’s $6,000 to Brouner and Associates. When the client’s case settled, the client asked Mr. Brouner to make the required settlement payment with the $6,000. Mr. Brouner told the client that he did not have any of the client’s funds in his trust account.
In a third matter, a client paid Brouner and Associates $920 in advance fee deposits and costs. These funds were not deposited into the trust account. The client retained new counsel and requested return of her funds and file. The associate working on the client’s case prepared an accounting. Mr. Brouner did not send the client the accounting, the file or a refund. Mr. Brouner’s conduct violated RPC 1.14(c), RPC 8.4(c) and RLD 1.1(a).
RPC 8.4(b) — committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects. Brouner and Associates filed a chapter 13 bankruptcy petition, which the Court later converted to a chapter 7 proceeding. Mr. Brouner falsely declared under oath that he was the only ‘insider’ of Brouner and Associates and that during the prior year, he was paid $30,000. In fact, Mr. Brouner received $51,000 in "owner’s draws." Mr. Brouner also failed to disclose approximately $106,050 in payments, during the same year, to business ventures in which Mr. Brouner and Mr. Varbel had an interest, and to Mr. and Mrs. Varbel. Mr. Brouner’s conduct violated RPC 8.4(b). RPC 3.3(a) — knowingly making a false statement of material fact or law to the tribunal and RPC 1.3 — failure to diligently represent a client. Mr. Brouner represented a client in an automobile accident case. In the case assignment declaration, Mr. Brouner misrepresented the location of the accident, as part of his motion to have the case transferred from Seattle to Kent. On this same case, no one from Mr. Brouner’s office attended the mandatory status conference. The opposing lawyer notified Mr. Brouner’s office that the status conference had been continued. Mr. Brouner’s office failed to attend the rescheduled status conference and the Court dismissed the client’s case and imposed $500 sanctions. Mr. Brouner violated RPC 3.3(a).
RPC 7.1— misrepresenting the nature of services in advertising. During 1997, Brouner and Associates television and radio advertisements stated that the firm would start a bankruptcy immediately with "no money down." The firm would not begin work on a bankruptcy until the client paid $175 for the filing fee and at least a portion of the attorneys’ fees. Mr. Brouner’s conduct violated RPC 7.1.
Christine Gray represented the Bar Association. Mr. Brouner represented himself.
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